litigation financing solutions for Lawyers, Plaintiffs & Experts

Transcription

1 litigation financing solutions for Lawyers, Plaintiffs & Experts

2 trusted by over 400 of the country s top litigation firms BridgePoint Financial is Canada s leading provider of litigation financing services. Litigation is a lengthy and unpredictable process. The financial resources available to each side in a lawsuit have a significant influence on the timing and amount of any settlement or award. These resources are rarely in balance. We offer a range of innovative and affordable financing solutions to meet the specialized needs of personal injury Plaintiffs, their Lawyers, and the Experts called upon to develop their legal claims and protect their rights to full and fair access to justice. A decision to borrow funds against future settlement proceeds is one we urge our clients to make with caution and only after exploring alternatives. Once a decision has been made to borrow, we fully trust the team at BridgePoint to take care in ensuring that any financing solution they offer is appropriate, in relation to both our client s needs, and the value of the underlying claim. Jim Howie, Partner at Howie, Sacks & Henry

3 specialized financing solutions Plaintiff Lending Services Disbursement Financing Services Treatment Financing Services Expert Assessment Financing Lawyers The lengthy and unpredictable nature of the litigation process poses unique financing challenges for contingency fee-based legal practices. BridgePoint offers a range of flexible financing alternatives to address the significant disbursement investment requirements of plaintiffs counsel. Plaintiffs Our bridge loans have assisted thousands of injured parties and their families across Canada manage the financial pressures of the litigation process. Our loans feature the lowest litigation financing rates available and can be used to address a claimant s personal financial needs as well as med/rehab related expenses when insurance benefits are not accessible. Experts & Treatment Providers BridgePoint is partnering with a rapidly growing roster of medical experts and other professionals who provide specialized assessment and treatment services for personal injury claims. In situations where insurance coverage is unavailable, BridgePoint s funding can satisfy both the service provider s desire to be paid upon the provision of their services and the lawyer s preference to defer payment until settlement.

4 The personal injury litigation process can be exhausting for plaintiffs physically, emotionally and financially. It takes years for the average lawsuit to be resolved, during which time plaintiffs can experience significant financial pressures stemming from factors such as the loss of employment income, the termination of insurance benefits, med/rehab costs and the depletion of their personal savings. In addition to basic personal financial needs, many plaintiffs without insurance coverage find themselves unable to access the necessary medical, rehabilitation, attendant care and other treatment that is imperative for their recovery. help when you need it most

5 responsible plaintiff financing solutions Our flexible and affordable bridge loans help plaintiffs carry on with their lives without financial stress while providing their law yers the time required to negotiate a reasonable settlement of their legal claims. Plaintiff Lending Services Disbursement Financing Services Treatment Financing Services Expert Assessment Financing Other litigation lenders offer fast and easy money on expensive and confusing terms that many accident victims are likely too desperate to care about. These loans are advanced prematurely in the litigation with no consideration for the claim value, and may ultimately impede the settlement process. Our team of highly qualified specialists efficiently assess each borrower s legal claim in light of their current and future financing needs. We then tailor each financing solution to ensure that every loan offered is appropriate, relative to the future settlement value. BridgePoint came into my life when I thought there was no financial alternative other than to declare bankruptcy. As a result of my injuries, my family and I were going through a very difficult time, and you helped. On behalf of my family I would like to simply say thank you for being there when I thought everything was lost. Client of Lerners LLP

6 the BridgePoint difference How we differ from banks: No proof of employment or income source required; No credit history review; No real estate, vehicle or other physical asset collateral requirements; and No monthly loan payments. How we differ from other litigation lenders: We offer the lowest financing rates available (18-26% per annum); No monthly interest compounding; No arbitrary limits on funding; No step-up increases in interest rates over time; Monthly loan staging advances available; No affiliations with pay-day lending institutions; and Up front, full and clear disclosure of our loan terms. Over the years, BridgePoint has been a valuable resource for our firm, assisting those clients who are facing serious financial pressure BridgePoint s process is efficient and most importantly we can trust that their lending decisions make sense relative to our clients future recoveries. I would certainly recommend their services. Jim Vigmond, Partner at Oatley, Vigmond Personal Injury Lawyers LLP

7 we fully disclose our financing terms Loan Size: Interest Rate: Starting at $1,500 (no maximum) 18% to 26% per year (1.5% to 2.2% per month) Plaintiff Lending Services Disbursement Financing Services Treatment Financing Services Expert Assessment Financing Compounding: Semi-annually (NOT monthly) Term: Minimum of six months (no maximum) Payments: Credit History Review: Employment or Income Verification: Application Fee: Admin Fee: No interim payments of interest or principal required until the lawsuit is resolved. None None None $ flat rate* plus GST/HST payable only if a loan offer is accepted. *$ if loan is advanced in stages important information for anyone considering a litigation loan: Many other litigation lenders who claim to offer competitive rates on their websites actually charge significantly higher rates than BridgePoint some as high as 59% annually! Be wary of any lender that does not clearly disclose the full cost of their funding on their website or promotional materials. We strongly advise you to review with your lawyer all of your financing options before borrowing from BridgePoint or any other litigation lender. For further information about our plaintiff lending services, frequently asked questions and client testimonials, please visit bpfin.com.

8 Out of a duty of care for my clients, I have researched all of the litigation lending alternatives and BridgePoint offers the most affordable service by a significant margin. I know from a bad experience what a headache it is to settle a claim when a client has been allowed to borrow too much against their claim, and I appreciate the care taken by your team to avoid such a scenario. David Hollingsworth BridgePoint came into my life when I thought there was no financial alternative other than to declare bankruptcy. Thank you for being there. Client of Monforton and Partners BridgePoint has given me peace of mind and guided me through their lending procedures with kindness and a willingness to work with me. It has almost been three years since my accident and without working, the stress piles up. Having you behind me has allowed me to pay bills and start a new career. I couldn t have made it this far without you. Thank you. Client of Rodin Law Firm My client received a loan of $5,000 from you, and she then borrowed $5,000 from another lender. BridgePoint s interest was under $700. For less time on the same amount, the interest was over $1,600 from the other lender... more than double BridgePoint! Your company has been telling me for years that you are different and now I m certain of it! Amanda Bafaro, Partner at Paul Lee & Associates The people at Bridgepoint Financial were very understanding and quickly provided me with the relief that I needed. I can now concentrate on getting my life back on track. I highly recommend their services to anyone in a similar position. Client of McLeish Orlando LLP

9 Your company s services in providing funding for my client s action were excellent. The turnaround time was very short and it has relieved a lot of pressure on my client. Thank you. Partner, Lang Michener LLP After my accident, in addition to my physical injuries, I lost my job, my home and any trace of my life before the accident. I am very thankful to my lawyer for putting me in touch with BridgePoint. The loans I received helped me when no one else could and helped me get through a very challenging time. I would recommend their services to anyone going through what I did without hesitation. Client of Neinstein Associates Plaintiff Lending Services Disbursement Financing Services Treatment Financing Services Expert Assessment Financing we value our reputation as a provider of responsible, affordable financing solutions I would like to take this opportunity to thank BridgePoint for helping me with my financial difficulty. Finalizing a settlement through litigation was taking years, money was running out and depression was setting in. I contacted BridgePoint and felt warmth, respect and understanding from everyone I dealt with. With the loan came a tremendous sense of relief. I am very thankful that a company like BridgePoint exists, helping people in my situation. Client of Thomson, Rogers Over the last four years, BridgePoint has been there for me; on three occasions they have come to my aid with financial assistance when I thought all was lost. Client of Oatley, Vigmond Personal Injury Lawyers LLP

10 unlike banks we understand contingency fee-based legal practices

11 BridgePoint offers a r ange of specialized financing solutions designed to meet the unique funding needs of contingency fee-based legal practices. Disbursement Financing Services Treatment Financing Services Expert Assessment Financing We recognize that these firms are capital intensive businesses with unique cash flow cycles relative to other professional service providers. As former bankers, we also recognize that traditional sources of third party financing including banks, with their rigid lending methodologies, do not offer these firms a reliable source of operating capital. Unlike other lenders, BridgePoint understands the value of your work in progress, and the correlation between disbursements invested today and fees realized in the future. Over the years we have designed a variety of flexible disbursement financing alternatives intended to help our law firm clients grow their practices and optimally invest in their clients files. When I decided to establish my own practice, I had to finance the disbursements and partial legal fees for more than 100 files. On top of this I faced the serious expenditures of a new office, new staff and marketing. Bank financing alone would never have been sufficient. It was BridgePoint s understanding and financial support that ultimately made the decision a reality, and they ve been a valued financial partner in my growing practice ever since.

12 BridgePoint offers a range of flexible, cost-effective law firm financing alternatives individual disbursement loans Our Individual Disbursement Loans offer a quick and easy method for law firms to finance new (or borrow against existing) disbursement investments on an individual file basis while deferring debt servicing until settlement. Features: BridgePoint has no claim on settlement proceeds ultimately payable to the plaintiff (therefore no requirement for a client s signature or acknowledgement); Loan interest and principal payments can be deferred until settlement, perfectly matching file cash flows; Simplified due diligence involves a review by BridgePoint of the specific file(s), not the practice; No application fee. There is no limit to the number of Individual Disbursement Loans a firm may have outstanding. However, beyond a level of 5 to 10 loans, law firms typically take advantage of BridgePoint s Shelf Disbursement Credit Line. shelf disbursement credit line Through our Shelf credit lines, BridgePoint can pre-approve law firms for revolving credit facilities with funds available to be drawn via Individual Disbursement Loans (see above). Features: Unique form of credit facility; Interest charged only on funds drawn; Credit from $50,000 to over $1 million, determined by initial firm credit evaluation; No due diligence required on individual files. traditional loan products For law firms not looking to tie loan payments to specific file settlement activity, BridgePoint offers a range of more traditional loan structures including term loans and standard operating credit facilities.

13 alternatives to meet any law firm s funding needs. other disbursement financing alternatives expert assessment financing programme Disbursement Financing Services Treatment Financing Services Expert Assessment Financing BridgePoint has credit partnership arrangements with a growing roster of medical and other professional service providers, as well as both regional and national medical assessment centres, to offer deferred payment arrangements to their law firm clients. Under these partnerships, BridgePoint acquires the account receivable from the expert and awaits payment upon the resolution of the claim. In this manner, BridgePoint can satisfy both the experts desire to be paid immediately upon the provision of their services and lawyers preference to defer cash outlays until an underlying claim is resolved. For an active roster of available experts by province, please visit bpfin.com. disbursement financing via plaintiff loans In situations where a law firm s retainer agreement provides that the plaintiff is responsible for specific file disbursements, BridgePoint s Plaintiff Lending Services can provide the financing for these costs: Borrower instructs BridgePoint to advance loan proceeds to the law firm in trust or directly to service provider; Loans can be set up as credit line with lawyer drawing amounts coincident with specific expenses incurred; Recent precedent decisions have enabled plaintiffs in certain cases to recover all financing costs incurred from the defendant (see our website for related decisions); Loan agreement can be incorporated into firm s standard retainer agreement. Detailed information regarding our financing options, lending terms, frequently asked questions and testimonials can be found at bpfin.com.

14 helping with the recovery process

15 In many situations, the denial or exhaustion of a claimant s insurance benefits: Unnecessarily prolongs their recovery process, pain and suffering; Denies counsel access to important expert assessments; and ultimately Increases the risk that the individual may try to settle their claim prematurely. BridgePoint offers treatment financing to personal injury claimants to ensure their guaranteed access to necessary treatment-related services. Depending on the province, treatment covered under our financing programme may include: Medical/rehabilitation services; Counselling services; Attendant care; Transportation services; Residence, workplace or vehicle modifications or purchases; Other benefits as provided under provincial accident benefits schedules. Programme features & benefits: Treatment loans are provided to the claimants themselves, though funds are administered by counsel; Enables claimants to fulfill their duty to mitigate their damages; Our financing term sheets can add leverage to counsel s negotiations with insurers; Interest charges (18.0% to 22.0%) may be recoverable from the accident benefit or tort insurer (see precedent decisions on our website). Visit bpfin.com to review case studies and learn more about our invaluable Treatment Financing Programme. Treatment Financing Services Expert Assessment Financing I was hit by a car while cycling and in the hospital for 5 weeks with multiple skull fractures. My finances were gone, I was unable to work and my life was so stressful before BridgePoint came to my aid. Client of Bronson Jones & Co. LLP

16 focus on what matters

17 experts shouldn t have to be bankers Investments in expert evaluations and assessments typically represent the largest portion of any contingency fee-based law firm s outstanding disbursements. Unsurprisingly, lawyers often seek to shift part of this financial burden to their experts by deferring payment of accounts until settlement. Expert Assessment Financing This supplier financing solution is an imperfect one for the experts from both a business (i.e. cashflow) perspective and a professional one (their status as a creditor on the file can be attacked by defense counsel). the BridgePoint solution BridgePoint s Expert Assessment Financing Programme can satisfy both the experts desire to be paid immediately upon the provision of their services and lawyers preference to defer cash outlays for an extended time frame. Under this programme, BridgePoint acquires the account receivable from the expert (typically at a discount of 10% to 25%) and then awaits payment upon the resolution of the client s claim. Features and Benefits: Enables experts to offer the valuable deferred payment option to their clients; Provides experts with predictable, immediate payment for their services; BridgePoint assumes all account management and collection risk; Protects the expert from conflict of interest allegations. Visit bpfin.com for an active roster of our expert partnerships by province.

18 we have helped thousands

19 Established in 2005, BridgePoint has become the leading provider of litigation financial services in a constantly evolving market. Our funding has assisted thousands of individual claimants achieve a successful resolution to their legal claims. In the interim, we have developed strong relationships with hundreds of Canada s most reputable and established law firms who value our integrity and responsiveness in satisfying their needs and the needs of their clients. Our reputation and expertise for providing innovative and flexible financing solutions has created opportunities to finance a broader range of legal claims in areas such as employment, trusts and estates, commercial, securities, class action, and mass tort. Visit bpfin.com for further information regarding our innovative financial solutions and contact us for assistance with your litigation related situation

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